Who Is Responsible for Maintaining Sidewalks in New York City?
Understanding Property Owner vs. City Obligations and Legal Liability
Sidewalk safety is a major issue in New York City, where trip-and-fall accidents caused by uneven pavement, cracks, or raised slabs happen far too often. If you get hurt, knowing who is legally responsible for maintaining the sidewalk where you fell can make all the difference in pursuing a claim. See below for general information about what injured pedestrians in NYC need to know. If you or a loved one has been injured in Manhattan, the Bronx, Brooklyn, or Queens, contact Leandros A. Vrionedes, P.C., to speak with an experienced New York sidewalk trip and fall accident lawyer.
The General Rule: Property Owners Must Maintain Adjacent Sidewalks
Under NYC Administrative Code § 7‑210, property owners are required to keep sidewalks adjacent to their property in a “reasonably safe condition.” This includes repairing cracks, uneven slabs, tree root damage, fixture hazards, and removing snow, ice, or debris. Whether the property is residential, commercial, or mixed-use, the owner’s obligation is non-delegable—even if they lease the property to a tenant or hire a contractor to perform maintenance.
If you trip and fall because of a defective sidewalk—say, a half-inch elevation change, cracked flagstone, or patchwork hazard—the property owner may be legally liable if they knew (or should have known) and failed to fix it promptly.
New York City Is Responsible Only in Limited Circumstances
The City of New York takes responsibility for sidewalk maintenance only in the following specific situations:
- Owner-occupied one-, two-, or three-family homes used exclusively for residence, where the adjacent sidewalk defect is covered by § 7‑210’s residential exception.
- Sidewalks adjacent to city-owned properties such as municipal buildings, parks, and schools.
- When the city itself created the hazardous condition, such as during construction or inspection work.
Otherwise, the city is not responsible, and injured pedestrians must pursue a claim against the property owner instead.
What the DOT Does—and What It Doesn’t
The NYC Department of Transportation (DOT) oversees sidewalk inspection, enforcement, and violation issuance. While DOT inspects sidewalks and issues violations for hazardous conditions, the actual maintenance and repairs are generally performed by property owners. DOT may step in only in cases involving city-owned sidewalks or the residential exception mentioned above.
If property owners fail to repair after receiving a DOT Notice of Violation, the city may eventually repair the sidewalk and bill the owner, but this typically happens only for residential single-family properties.
What Counts as a Sidewalk Defect?
NYC law defines a sidewalk defect broadly. Examples include:
- Cracks or sunken slabs large enough to loosen or remove pieces.
- Elevation changes of one-half inch or more.
- Patchwork or asphalt repairs not compliant with DOT standards.
- Raised tree-root damage or protruding utilities/gratings more than half an inch from the surface.
When these conditions exist and cause an injury, property owners may face litigation under § 7‑210 for negligence.
Property Owner Liability Cannot Be Delegated
New York courts have held that property owners’ duty to maintain sidewalks is non-delegable. That means even if maintenance responsibilities are formally assigned to a tenant or management company, the owner remains legally accountable for injuries on the sidewalk.
This non-delegable duty means injured pedestrians can pursue the owner directly even if the owner was not personally aware of the hazard.
When Is the City Liable?
The City only becomes liable in limited scenarios:
- Sidewalk adjacent to one-, two-, or three-family owner-occupied residences used exclusively as residences.
- Sidewalk defects caused by the City’s infrastructure or construction.
- When the City had prior written notice at least 15 days before the accident, affecting potential liability for older incidents documented via the Big Apple Pothole & Sidewalk maps, although those cases apply to injuries before 2003.
If the City is potentially liable, the injured party must file a Notice of Claim within 90 days. Any lawsuit must be filed within one year and 90 days of the injury.
Responsible Party Based on Sidewalk Location or Condition
One way to determine the party responsible for a sidewalk trip and fall accident is to look at the location or condition of the sidewalk. For example:
- Adjacent to commercial property or 4+ unit building – Property owner
- Adjacent to city-owned building or land – City of New York
- Adjacent to owner-occupied 1–3 family residential property – City of New York
- Defect caused by tree roots on residential 1–3 family home – City via Parks Program
- Hazard arises from DOT or city construction – City of New York
What This Means If You’re Injured
If you trip on a broken sidewalk and are injured:
- Identify the sidewalk location: was it in front of a single-family home or a larger building?
- If it’s a residential single-family occupied home or city building, you may sue the City of New York, subject to notice requirements and shorter legal deadlines.
- If it’s adjacent to a multi-unit or commercial property, the property owner is likely responsible under § 7‑210.
- Evidence such as photos of the defect, maintenance records, DOT violations, and witness accounts is key to proving liability.
- Because the property owner’s duty is non-delegable, assigning blame to tenants or contractors does not excuse their responsibility.
How We Can Help
At Leandros A. Vrionedes, P.C., we handle sidewalk trip-and-fall cases across New York City and nearby Westchester County. We can help:
- Investigate the location and ownership of the sidewalk. Identify the responsible party.
- Collect evidence and DOT violation records.
- Navigate claims against property owners or the City, where applicable.
- Meet legal deadlines, including Notices of Claim when suing the city.
- Fight insurance companies who try to shift blame.
If you or a loved one suffered injuries due to a defective sidewalk, you don’t have to face this alone. Contact us today for a free consultation. We’ll help you understand who is responsible and pursue the compensation you deserve.
